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Establishment definition

What does Establishment mean? In cross‑border insolvency practice, an “establishment” is a debtor’s place of operations in a state where it conducts a stable, non‑transitory economic activity using people and assets. The concept is used to justify secondary (EU) or non‑main (Model Law) proceedings alongside main proceedings at the debtor’s centre of main interests (COMI). It is a defined term in Regulation (EU) 2015/848 (the recast Insolvency Regulation) and in the UNCITRAL Model Law on Cross‑Border Insolvency (implemented in Great Britain by the Cross‑Border Insolvency Regulations 2006 and in Northern Ireland by the 2007 Regulations). In both regimes, it requires more than a...

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Marine Management Organisation: legal framework, jurisdiction in England and UK offshore waters, statutory objectives, powers, marine licensing, fisheries enforcement and funding (MCAA 2009; Fisheries Act 2020)

Practice notes
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Establishment of the Marine Management Organisation

The Marine Management Organisation (MMO) came into being on 1 April 2010 through the Marine and Coastal Access Act 2009 (MCAA 2009). It regulates activities at sea around England, and matters concerning vessels registered to ports in England, anywhere in the world. Further duties and powers followed in the Fisheries Act 2020. The MMO is an executive non-departmental public body. Working at arm’s length from government, it is accountable to the Secretary of State (SoS) for the Department for Environment, Food & Rural Affairs (DEFRA) and is part of the Defra Group. The MMO also has cross departmental responsibilities and, for these, is answerable to the SoS for each relevant department. Where statute permits, government may request the MMO to undertake additional functions or new work, either on a permanent or temporary footing. The decision to accept such work will be taken jointly by the SoS and the MMO Board. The MMO Framework Document sets out the broad Governance framework within which Defra and the MMO operate. It explains the MMO’s core responsibilities, and describes the governance and accountability framework that applies between the roles of Defra and the MMO, and sets...

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Nicola Canty
Nicola Canty

Nicola is an environmental lawyer specialising in marine, energy and public law. She has advised on judicial reviews, public inquiries and a wide range of regulatory and planning matters. She has broad experience of advising on issues relating to the marine environment, including licensing, planning, regulation and enforcement, and conservation matters. Nicola was called to the Bar by the Inner Temple in 2006. She has a dual-capacity practice (i.e. operating as both an employed and a self-employed barrister), and has broad experience of working at both the self-employed Bar in Chambers and the employed Bar as a part of a law firm, at the national energy regulator Ofgem advising on renewable energy schemes, and is currently at the Department of Energy Security and Net Zero advising on nationally significant infrastructure planning. Nicola provided the update for the titles on the Foreshore, and on...

Web page updated on 21/05/2026

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